In a recent decision, the High Court allowed an appeal from the NSW Court of Appeal regarding the operation of section 28 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act).
The High Court granted an injunction to prevent a development permitted by an environmental planning instrument but prohibited by a private covenant, on the basis that the relevant provision in the environmental planning instrument had not been approved by the Governor.
Click 'Article PDF' to read the full article.
The content of this publication is for reference purposes only. It is current at the date of publication. This content does not constitute legal advice and should not be relied upon as such. Legal advice about your specific circumstances should always be obtained before taking any action based on this publication.